1. On the complaint lodged by one Arul Kannan, the respondent police registered a case in Crime No.172 of 2014 and after completing the investigation, have filed a charge sheet in C.C.No.184 of 2014 before District Munsif cum Judicial Magistrate, Orathanadu under Sections 294(b), 323 and 325 I.P.C. against Kirubakaran/A1, Suman/A2, Arivu Perumal/A3 and Nageswaran/A4.

2. It is the case of the prosecution that on 29.08.2014 around 8.00 p.m., when the defacto complainant and his friend went to the river for immersing the Vinayagar Idols, the accused attacked them, abused them and caused injuries to them. It appears that after the Court took cognizance of the offences and issued process for the appearance of the accused, Arivuperumal did not appear before the Trial Court and therefore non-bailable warrant was issued for securing his presence on 20.05.2016. On 10.10.2017 Arivuperumal surrendered before the trial Court and prayed for recalling the non-bailable warrant. The Trial Judge accepted the surrender, however, directed the petitioner to deposit his passport in order to ensure that he does not abscond. It is a fact that on account of the non-appearance of the petitioner, t